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03-25-19 TC Min THE‘411111W TOWN OF WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING March 25, 2019 PRESENT: Mayor Laura Wheat and Council Members Carol Langdon, Alesa Belvedere, Rick Rennhack, and Greg Goble. Michael Barrett arrived at 5:15 p.m. ABSENT: OTHERS PRESENT: Town Manager Amanda DeGan, Assistant to the Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Building Official Pat Cooke, Development Coordinator Nick Ford, Finance Director Debbie Piper, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, Director of Human Resources and Administrative Services Todd Wood, and Municipal Court Administrator Jeanie Roumell. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:10 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 03/25/19 Page 1 of 7 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. REPORTS a. Annual report from the Keller Police Department relative to police services and the racial profiling report for the Town of Westlake. Discussion ensued regarding declining numbers, traffic stops, crimes, two factors driving the decrease: focusing on Westlake Academy and freeway traffic accidents, quality traffic analysis, racial data profiling is driven by the legislature, and future reports categorizing by race and gender. 5. DISCUSSION ITEMS a. Presentation and discussion regarding the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2018. Mr. John DeBurro, Weaver and Tidwell, and Director Piper provided a presentation and overview of the item. Discussion ensued regarding the breakdown of sales tax and use tax, one time appropriations, and the implementation of GASB 75. b. Presentation and discussion providing an update regarding the status of the work to date of the Westlake Public Art Competition Advisory Committee and adding another member to the Committee. Mr. Russell Tether and Mr. Robin McCaffrey provided an overview of the item. Discussion ensued regarding the number of applicants, four (4) semi-finalists, next steps, an additional member joining the committee, citizen involvement, and a high-level communication to residents regarding the committee and artist. c. Presentation and discussion regarding Regular Agenda Item 5 - Proposed Rezoning from R5-Country Residential. Director Ruthven and Mr. Robin McCaffrey, Mesa Planning, provided an overview of the item. Town Council Minutes 03/25/19 Page 2 of 7 Discussion ensued regarding setback being minimum of 30 feet from Vaquero, green belt width, distances from the 9th hole and 1st tee to the homes, development density, revisions from previously submitted documents, gross density, and sendingand receivingareas as stated in the Comprehensive Plan. P d. Standing Item: Presentation and discussion of development projects per Staff report February 2019 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an overview of the following developments: Entrada: Starbucks location, tower construction in relation with the retail building, restaurants, parking garage, gas well pad site, and the service road along Highway 114. Schwab: Phase I - Temp CO allowing for the delivery of furniture and fixtures and Phase II going vertical. Erosion along with Dove Road and connectivity between the Town of Trophy Club and the Charles Schwab campus. 6. EXECUTIVE SESSION Council convened to into executive session at 7:48 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake b. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana c. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana Town Council Minutes 03/25/19 Page 3 of 7 - Waterside Land Company LLC 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:08 p.m. 8. COUNCIL RECAP / STAFF DIRECTION - Racial Profiling Report— breakout by race and gender for future reports. - Public Art Competition Advisory Committee — citizen communication regarding the Committee Members, time devoted, caliber of artist submittals (4 finalist), and timeline for the completion moving forward. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 9:08 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 9:08 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events. Chief Whitten expressed appreciation to the Council on behalf of the Fire Department employees regarding the new Fire Station. 3. CITIZEN COMMENTS Neil McNabnay, 1815 Broken Bend, spoke regarding the conservation area behind the Knolls development. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on February 25, 2018. b. Consider approval of Resolution 19-12, Appointing an additional member to the Public Art Competition Advisory Committee. Town Council Minutes 03/25/19 Page 4 of 7 c. Consider approval of Resolution 19-13, Amending the authorized signers on the Town of Westlake Trust Account with First Financial Bank d. Consider approval of Resolution 19-14, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2018. e. Consider approval of Resolution 19-15, Authorizing the Town Manager to enter into a purchase agreement with Rush Bus Center to purchase a 71-passenger activity bus and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. MOTION: Council Member Belvedere made a motion to approve the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 5. CONTINUE THE PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 881, APPROVING A ZONING CHANGE REQUEST FROM R-5 COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY 37.8-ACRE PORTION OF LAND GENERALLY LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGLE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. Mr. Paul Pastore, Waterside Land Company, LLC, Mr. Rich DeOtte, DeOtte Engineering, Mr. Clay Nelson, CA Nelson Architects, and David Evans, Cooper Clinic, provided an overview of the item. Discussion ensued regarding how to protect the continuity of the development. Mayor Wheat continued the public hearing for item 5. The following people spoke in favor of the item: Joe Schneider, Hillwood Properties; Tony Dawson, 1229 Castle Cove, Keller; and Matt Rose, 1110 Post Oak Place. The following people spoke in opposition of the item: David Elmer, 2017 Bantry Drive, Keller; Donna Dettbarn, 2021 Bantry Drive, Keller; and John Landry, 2029 Bantry Drive, Keller. Mayor Wheat closed the public hearing Discussion ensued regarding different number of plans submitted, how to ensure a single homebuilder Planning &Zoning Commission approval, Cooper Clinic possibilities, the right and best product for Westlake, staff recommendation, and how to interpret the Comprehensive Plan. Town Council Minutes 03/25/19 Page 5 of 7 MOTION: Council Member Rennhack made a motion to deny without prejudice Ordinance 881. Council Member Goble seconded the motion. The motion carried by a vote of 5-0. 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 877, AMENDING CHAPTER 46, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES, PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE EXCEPT IN PRIVATE CLUBS. Discussion ensued regarding moving this item to the May 20, 2019 meeting. 7. EXECUTIVE SESSION Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: e. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Builder Recovery Services, LLC vs. Town of Westlake f. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding the conservation area at The Knolls at Solana g. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 h. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - BRE Solana - Waterside Land Company LLC 8. RECONVENE MEETING 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion approve Resolution 19-16 accepting the donation of approximately 22.881 acres as a conservation area and municipal parkland, and, further authorizing the Town Manager to execute any and all document Town Council Minutes 03/25/19 Page 6 of 7 required to transfer the property to the Town of Westlake. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 10. FUTURE AGENDA ITEMS No additional discussion required. 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 10:35 p.m. APPROVED BY THE TOWN COUNCIL ON APRIL 22, 2019. ATTEST: 7/, I(JL Laura Wheat, Mayor Kell Edw s, Town Secretary Town Council Minutes 03/25/19 Page 7 of 7